Mustafa Ahmed al-Hawsawi was a participant or observer in the following events:

The FBI misses a chance to learn about Zacarias Moussaoui after a raid in Dublin, Ireland. On December 14, 1999, Ahmed Ressam was arrested trying to smuggle explosives into the US (see December 14, 1999). On December 21, Irish police arrest Hamid Aich and several other North African immigrants living in Dublin. [New York Times, 1/22/2000] During the arrests, police seize a large amount of documents relating to citizenship applications, identities, credit cards, and airplane tickets. A diagram of an electrical switch that could be used for a bomb is found that is identical to a diagram found in Ressam’s apartment in Vancouver, Canada. [Irish Times, 7/31/2002] The suspects are released about a day later, but, “Within days, authorities in Ireland and the United States began to realize that they might have missed a chance to learn more about a terrorist network.” [New York Times, 1/22/2000] It is discovered that Aich lived with Ressam in Montreal, and then later lived with him in Vancouver. Investigators conclude there has been an al-Qaeda cell in Dublin since the early 1990s, when the charity Mercy International opened an office there (this charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998) and also an alleged CIA connection (see 1989 and After)). The cell is mainly involved in providing travel and identity documents for other cells committing violent acts. Investigators also connect Aich to the Islamic Jihad. But the US and Canada do not seek Aich’s extradition, and instead have the Irish police keep him under surveillance. He will escape from Ireland shortly before 9/11 (see June 3, 2001-July 24, 2001). [New York Times, 1/22/2000; Irish Times, 7/31/2002] Apparently, many of the documents seized in the raid will only be closely examined after 9/11. Documents will show that in 1999 and 2000, Mustafa Ahmed al-Hawsawi, a top al-Qaeda financier, worked with the Dublin cell to finance Moussaoui’s international travel. Aich made travel arrangements and possibly provided fake identification for Moussaoui. [Fox News, 7/30/2002; Irish Times, 7/31/2002] Presumably, had these links been discovered after the 1999 raid instead of after 9/11, events could have gone very differently when Moussaoui was arrested in the US in August 2001 (see August 16, 2001).

The muscle hijackers arrive in Dubai on their way to the US (see April 23-June 29, 2001): April 11: It is not known when Ahmed Alghamdi first arrives in Dubai, but he leaves on April 8, traveling to an unknown destination, and returns on April 11; April 12: Satam al Suqami arrives in the United Arab Emirates from Malaysia (see April 1-May 27, 2001); May 7, 2001: Ahmed Alhaznawi arrives in Abu Dhabi from Karachi by plane; May 13: Ahmed Alnami arrives in the United Arab Emirates by plane from Saudi Arabia; May 26: Hamza Alghamdi enters the United Arab Emirates; May 27: Abdulaziz Alomari arrives in Dubai from Malaysia (see April 1-May 27, 2001); June 1: It is not known when Wail Alshehri first arrives in Dubai, but he leaves on May 29, traveling to an unknown destination, and returns on June 1 with Ahmed Alhaznawi, who previously arrived on May 7, but must have left in the meantime; June 12: Saeed Alghamdi arrives in the United Arab Emirates from Saudi Arabia; June 28: Salem Alhazmi arrives in the United Arab Emirates from Saudi Arabia. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 42-50 ]The hijackers typically remain in Dubai for a few weeks before moving on to the US (see April 23-June 29, 2001). While in Dubai the hijackers purchase traveler’s checks: April 28: Majed Moqed purchases $2,980 in MasterCard travelers’ checks from the Thomas Cook Exchange in the nearby emirate of Sharjah; May 27, 2001: Ahmed Alnami purchases $10,000 of American Express travelers’ checks and Hamza Alghamdi purchases the same amount of Visa travelers’ checks in Dubai; June 6, 2001: Ahmed Alhaznawi purchases $3,000 of American Express travelers’ checks in Dubai; June 7, 2001: Wail Alshehri purchases $14,000 of American Express travelers’ checks in Sharjah; June 24: Fayez Ahmed Banihammad purchases $4,000 of Thomas Cook travelers’ checks in Sharjah. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 44-48 ]In addition, Wail Alshehri obtains an international driving permit in Sharjah on June 5. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 47 ] Some of these hijackers are assisted by plot facilitator Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001). It is not clear who helps the others, although Dubai-based Ali Abdul Aziz Ali previously assisted some of the hijackers (see June 29, 2000-September 18, 2000), and Saeed Sheikh, who has Dubai connections, may also assist some of them (see Early August 2001). In addition, Victor Bout, an arms dealer who flies shipments for al-Qaeda and the Taliban through the UAE, is based in Sharjah (see Mid-1996-October 2001).

According to the 9/11 Commission’s Terrorist Finance Monograph, 9/11 hijacker Khalid Almihdhar receives $4,900 from plot facilitator Mustafa Ahmed al-Hawsawi in the United Arab Emirates. Almihdhar then uses the money to buy traveler’s checks in Saudi Arabia. The commission says, “According to al-Hawsawi’s notebook, al-Hawsawi gave the funds to Almihdhar in the UAE in June 2001.” [9/11 Commission, 8/21/2004, pp. 137 ] However: The section of the 9/11 Commission’s main report that details his travel during this time does not include a trip to the United Arab Emirates; [9/11 Commission, 7/24/2004, pp. 237] Al-Hawsawi’s substitute for testimony at the trial of Zacarias Moussaoui does not mention this transaction or any meeting with Almihdhar, although it deals with al-Hawsawi’s meetings with four other hijackers and telephone conversations with Mohamed Atta, as well as his dealings with some other al-Qaeda operatives; [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] No mention of this transaction is made at al-Hawsawi’s Combat Status Review Tribunal hearing, even though it again deals with the assistance provided to four hijackers and conversations with Atta. [US department of Defense, 3/21/2007 ]

Documentation used by Mustafa Ahmed al-Hawsawi in the United Arab Emirates. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]Mustafa Ahmed al-Hawsawi assists four hijackers transiting Dubai, United Arab Emirates, on their way to the US: Fayez Ahmed Banihammad, Salem Alhazmi, Abdulaziz Alomari, and Saeed Alghamdi. Banihammad stays at al-Hawsawi’s flat in nearby Sharjah for two or three weeks and they open bank accounts together (see June 25, 2001 and Early August-August 22, 2001), and al-Hawsawi recognizes Alghamdi and Alhazmi from Afghanistan. He coordinates their arrival dates in telephone conversations with Mohamed Atta (see Late June-August, 2001) and then purchases tickets for them, paying for Alomari and Alhazmi. Al-Hawsawi provides this information to the US under interrogation, which is considered by some to make it unreliable (see June 16, 2004), and then again before a military tribunal in Guantanamo Bay to determine his combat status (see March 9-April 28, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ; US department of Defense, 3/21/2007 ] It is unclear who assisted the nine muscle hijackers who transited Dubai before this: Waleed Alshehri, Satam Al Suqami, Ahmed Alghamdi, Maqed Moqed, Hamza Alghamdi, Mohand Alshehri, Ahmed Alnami, Ahmed Alhaznawi, and Wail Alshehri (see April 11-June 28, 2001 and April 23-June 29, 2001).

An unnamed Sudanese national living in Saudi Arabia makes two wire transfers totaling about $6,500 from the National Commercial Bank in Saudi Arabia to 9/11 plot facilitator Mustafa Ahmed al-Hawsawi’s Standard Chartered Bank account in the United Arab Emirates (UAE). The 9/11 Commission will later report that a “foreign security agency” learned from the sender that he had been asked to wire the funds by Uthman Alshehri, a brother of hijackers Waleed and Wail Alshehri. According to the commission, $4,900 of this is deposited in a UAE account of hijacker Fayez Ahmed Banihammad. What happens to the other $1,600 is unclear. [9/11 Commission, 8/21/2004, pp. 138, 143 ] After the money is deposited in his UAE account, Banihammad receives a call from an associate in Germany on August 18 and withdraws $3,000 on August 20 and $4,800 on August 22 from the account. [US District Court for the Eastern District of Virginia, Alexandria Division, 6/2002 ; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 ] Court documents suggest that more money was sent to the hijackers by al-Hawsawi. “[Khalid] Shaikh Mohammed (KSM) explained that Alshehhi was sent $81,000 (US) via al-Baluchi for Alshehhi’s, Atta’s, and Jarrah’s flight training… Most of these types of transfers were made by al-Hawsawi who was located in the UAE.” However, doubts have been expressed about the reliability of this document, which was based on KSM’s testimony, obtained through the use of torture (see June 16, 2004). [US District Court for the Eastern District of Virginia, 7/31/2006 ] For some time after 9/11, Mustafa Ahmed al-Hawsawi is described in the media as the hijackers’ paymaster, even though this is the only confirmed transfer associated with him. Moreover, there are questions about his identity and whether or not “Mustafa Ahmed al-Hawsawi” is his real name. [CNN, 3/4/2003]

9/11 facilitators Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi leave the United Arab Emirates (UAE) in a hurry. At a hearing held in Guantanamo Bay in 2007 to determine Ali’s combat status, his departure from the UAE just before 9/11 will be included in the facts supporting his designation as an enemy combatant. However, he will deny having foreknowledge of 9/11 and say he had to leave the UAE as his work permit was canceled. [US Department of Defense, 4/12/2007 ] Al-Hawsawi leaves Dubai on the morning of 9/11 for Karachi. Shortly before, he had learned that the operation for which the hijackers had traveled to the US would take place on September 11, and had been advised by fellow operatives Ramzi bin al-Shibh and Khalid Shaikh Mohammed that he should return to Pakistan. [US department of Defense, 3/21/2007 ] Before leaving, al-Hawsawi transferred $40,000 the hijackers had returned to him to his Visa card (see September 5-10, 2001). He makes six ATM withdrawals on the card in Pakistan two days later and then disappears. [MSNBC, 12/11/2001]

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]

Mohammed Omar Abdul-Rahman. [Source: Public domain]In 2007, NBC News will report that the CIA uses aggressive interrogation techniques on at least 13 high-ranking al-Qaeda detainees between 2002 and 2004. These techniques are first used on Abu Zubaida, captured in March 2002 (see March 28, 2002), and some of the techniques are discontinued in the wake of the Abu Ghraib scandal around the middle of 2004 (see April 28, 2004), which is also around the time the CIA’s Inspector General issues a secret report suggesting many of these techniques could be a violation of an international treaty against torture (see May 7, 2004). Euphemistically called “enhanced interrogation,” these techniques include: Sleep deprivation. Exposure to extreme heat and cold. Confined quarters. Psychological and physical abuse. The use of psychotropic drugs. Waterboarding. However, waterboarding is allegedly only used on about four of the detainees (see May 2002-2003). All 13 of these detainees will later be transferred to Guantanamo prison to stand trial before a military tribunal there (see September 2-3, 2006). (Two others similarly transferred - Abu Faraj al-Libbi and Abd al-Hadi al-Iraqi - are captured after the Abu Ghraib scandal and thus are not subjected to as many interrogation techniques.) [MSNBC, 9/13/2007] However, there are other “ghost detainees” not officially acknowledged as captured by the US government (see June 7, 2007). Some, like Hassan Ghul, Abdul Rahim al-Sharqawi, and Mohammed Omar Abdul-Rahman, are held in the same secret prison as most of the “official” high-ranking detainees later transferred to Guantanamo, so it would seem likely that aggressive techniques have been used on many of them as well. In 2007, President Bush will sign an executive order allowing the CIA to use most of these aggressive techniques again (see July 2007).

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are: Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011). Ayman al-Zawahiri (Egyptian). Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003). Saif al-Adel (Egyptian). Other figures considered still at large are: Abdullah Ahmed Abdullah (Egyptian). Mustafa Muhammad Fadhil (Egyptian). Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006). Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009). Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011). Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian). Amin ul-Haq (Afghan). Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008). Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002). Suliman abu Ghaith (Kuwaiti). Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009). Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]The four leaders captured are: Abu Zubaida (Palestinian) (see March 28, 2002). Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002). Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001). Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]Five of the six leaders believed killed are: Mohammed Atef (Egyptian) (see November 15, 2001). Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian). Abu Salah al-Yemeni (Yemeni). Tariq Anwar al-Sayyid Ahmad (Egyptian). Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Al-Qaeda operative Mustafa Ahmed al-Hawsawi, under interrogation by the CIA following his capture (see February 29 or March 1, 2003), reportedly gives the agency the first information it has received about another al-Qaeda operative who was involved in the 9/11 plot. That operative’s name will be redacted in a later report by the CIA’s inspector general. Alleged 9/11 mastermind Khalid Shaikh Mohammed will later provide additional information about that person. [Central Intelligence Agency, 5/7/2004, pp. 86 ]

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi. Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

In spite of multiple rulings beginning in 2002 that Zacarias Moussaoui must be allowed to question witnesses, including Ramzi bin al-Shibh, the government has continued to refuse any access to high-level al-Qaeda prisoners. Because of this, Judge Brinkema sanctions the government by ruling in October 2003 that the prosecution could not seek the death penalty. [Time, 10/19/2003] Prosecutors have appealed the decision and, on this day, a federal appeals panel restores the government’s right to seek the death penalty. However, the same ruling hands a partial victory to Moussaoui, ordering prosecutors to work out a method that would permit Moussaoui to question three high-level prisoners. CBS News reports that the judge ruled, “Moussaoui could have access to information from three al-Qaeda prisoners [Khalid Shaikh Mohammed, Ramzi bin al-Shibh, and Mustafa Ahmed al-Hawsawi] who may be able to exonerate him.” [CBS News, 4/23/2004] As a result of the appeals decision, the government will file a motion in July 2004, seeking to conduct a psychiatric evaluation of Moussaoui. The motion explains that the evaluation would only be used to counter any defense strategy to spare Moussaoui the death penalty by citing his mental condition. The motion states, “Like most capital cases, the mental condition of the defendant is likely to play a significant rule during the penalty phase.” [CBS News, 4/23/2004; Associated Press, 7/7/2004]

Court documents filed by the Justice Department allege that accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, a Qatari national, was chosen to come to the US by 9/11 mastermind Khalid Shaikh Mohammed because, in part, al-Marri has a wife and children, and therefore would arouse less suspicion. Al-Marri was taken into federal custody as a material witness to the attacks (see December 12, 2001) and later designated as a “enemy combatant” (see June 23, 2003). The Justice Department is battling a lawsuit filed by al-Marri’s lawyers challenging his detention. According to the Justice Department, al-Marri was told to arrive in the US before the attacks, and to head to Pakistan if he didn’t get inside the US in time. Al-Marri, his wife, and their five children arrived in the US on September 10, 2001, where he began taking courses at Bradley University in Peoria, Illinois. The new details come from declassified portions of a sworn statement that the government is using to justify al-Marri’s indefinite detention. The Bush administration has insisted on limiting the information available to detainees and to the public, but was pressured into releasing the al-Marri information after a federal magistrate told government lawyers in February that “the deck is stacked pretty good in favor of the government to start with,” and thusly he wouldn’t consider evidence about al-Marri that al-Marri and his lawyers were not permitted to view for themselves. The magistrate, Judge Robert Carr, is expected to soon recommend whether al-Marri should continue to be held as an enemy combatant. According to the declassified summary, al-Marri traveled to Dubai in August 2001 and was given somewhere between $10,000 and $13,000 plus $3,000 more for a laptop computer. Al-Marri was allegedly given the money by Mustafa Ahmed al-Hawsawi, an al-Qaeda paymaster and one of Mohammed’s lieutenants who also allegedly helped some of the 9/11 hijackers (see Early-Late June, 2001). When al-Marri was taken into custody, the computer was found to contain files on the manufacture of hydrogen cyanide as well as over a thousand credit card numbers. The documents say that Mohammed communicated about al-Marri’s activities in the US through his brother, Jaralla Saleh Mohamed Kahla al-Marri, currently being held at Guantanamo Bay. Jonathan Hafetz, one of Ali al-Marri’s lawyers, says that not only should al-Marri “been given this information long ago,” but because the government has not offered any evidence to support the summary, the document is little more than hearsay. Carr told government lawyers to either stop using classified information or declassify it so that al-Marri could see it and respond to it. “You need to make your choice, because this deals with a man’s freedom,” Carr tells the Justice Department lawyers. “He has been removed from the battlefield, so to speak, for many years.” [Chicago Tribune, 4/6/2006]

Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them. Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.” Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks. Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002). Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000). Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM. Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000). Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000). The remaining seven suspects are alleged to have been involved in other al-Qaeda plots: Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks. Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger. Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003). Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured. Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles. Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles. Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack. The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Shortly after 14 high-ranking al-Qaeda prisoners are transferred from secret CIA prisons to the US-controlled Guantanamo prison in Cuba (see September 2-3, 2006), the International Committee of the Red Cross is finally allowed to interview them. The prisoners include 9/11 mastermind Khalid Shaikh Mohammed, Ramzi bin al-Shibh, Hambali, and Abu Zubaida. The Red Cross has a policy of not publicizing or commenting its findings. However, some US officials are shown the report on the interviews with these prisoners and apparently some of these officials leak information to the New Yorker about one year later. The New Yorker will report, “Congressional and other Washington sources familiar with the report said that it harshly criticized the CIA’s practices. One of the sources said that the Red Cross described the agency’s detention and interrogation methods as tantamount to torture, and declared that American officials responsible for the abusive treatment could have committed serious crimes. The source said the report warned that these officials may have committed ‘grave breaches’ of the Geneva Conventions, and may have violated the US Torture Act, which Congress passed in 1994. The conclusions of the Red Cross, which is known for its credibility and caution, could have potentially devastating legal ramifications.” [New Yorker, 8/6/2007]

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007). Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After). Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007). Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 ] Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 ] Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007). Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 ] Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 ] Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007). Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 ] Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 ] Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 ] Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 ] Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 ] Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]At his combat status review tribunal in Guantanamo Bay, 9/11 facilitator Mustafa Ahmed al-Hawsawi denies providing a large amount of funds for the plot, although he does admit knowing some of the hijackers and helping them travel to the US. According to the Los Angeles Times, his denial that he provided substantial amounts to the hijackers is surprising because, “US authorities, as well as the Sept. 11 commission that investigated the attacks, have long alleged that al-Hawsawi was a top lieutenant of plot mastermind Khalid Shaikh Mohammed… [and he]… arranged funding and travel for several of the 19 hijackers.” Meyer also points out that, “the unclassified summary of evidence read at the hearing did not mention any instances in which he allegedly sent money to them. When specifically asked during the hearing if he had done so, al-Hawsawi said he had not.” [Los Angeles Times, 3/30/2007] The unclassified facts supporting his designation as an enemy combatant mostly relate to his receiving money transfers from some of the hijackers just before 9/11 (see September 5-10, 2001), a laptop computer hard-drive containing information about al-Qaeda that is said to be “associated with the detainee,” and a nineteen-page address book. He admits returning to Pakistan just before 9/11 on the advice of 9/11 managers Ramzi bin al-Shibh and Khalid Shaikh Mohammed, meeting Osama bin Laden and Ayman Al-Zawahiri, receiving military training in an al-Qaeda camp, meeting four of the muscle hijackers (see Early-Late June, 2001), and talking to Mohamed Atta on the phone. However, he says that the information on the hard-drive was copied from other computers and was not put there by him, the address book is not his, he never swore bayat to Bin Laden, and is therefore not an al-Qaeda member. [US department of Defense, 3/21/2007 ] Several other high-value detainees have combat status review tribunals hearings at this time (see March 9-April 28, 2007).

Hambali, circa 2008. [Source: US Defense Department]Fourteen “high value” detainees held by the US in Guantanamo Bay (see March 9-April 28, 2007) are ruled to be “enemy combatants.” The detainees include 9/11 mastermind Khalid Shaikh Mohammed, 9/11 coordinator Ramzi bin al-Shibh, Jemaah Islamiyah leader Hambali, and al-Qaeda leaders Khallad bin Attash and Abd al-Rahim al-Nashiri. However, a judge had previously ruled that designating a detainee an “enemy combatant” was meaningless and that a person designated an enemy combatant could not be tried under the Military Commissions Act (see June 4, 2007). The Washington Post comments, “It is unclear if these men can be tried at military commissions without a change in the law or a newly designed review.” [Washington Post, 8/10/2007]

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are: Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding. Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US. Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training. Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998). Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks. Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan. Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.” Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture. Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients. 'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).

Five high-value detainees being held at Guantanamo tell a military tribunal they wish to plead guilty to charges related to the 9/11 attacks, but refuse to enter a guilty plea at this time. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM); Ramzi bin al-Shibh, who helped coordinate the attacks; Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia; and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The plea is not entered at this time, because it is not yet certain bin al-Shibh and al-Hawsawi are mentally competent to stand trial, and KSM says they all want to plead together. The judge, Colonel Stephen Henley, has already ordered a probe into the two men’s mental competence. The five say that they made their decision “without being under any kind of pressure, threat, intimidations, or promise from any party,” although an investigation of potential pressure would have to be conducted before such plea could be accepted. If convicted, the five men would face the death penalty, although four of them, including KSM, have declared a desire to become martyrs. KSM also says he wants to get rid of his military lawyer, who previously served in Iraq. For the first time, the hearing is watched live in the courtroom by nine relatives of people killed in the 9/11 attacks. [BBC, 12/8/2008]

As one of his first official acts as president, Barack Obama orders that all military prosecutions of terrorist suspects at the Guantanamo Bay detention facility be suspended for 120 days. The order comes during the inaugural ceremonies, and is issued by Defense Secretary Robert Gates, the only Cabinet holdover from the Bush administration. “In the interests of justice, and at the direction of the president of the United States and the secretary of defense, the government respectfully requests the military commission grant a continuance of the proceedings in the above-captioned case until 20 May 2009,” the request reads. [CNN, 1/21/2009; Agence France-Presse, 1/21/2009] Obama promised repeatedly during and after the presidential campaign that he would close the detention facility at the Guantanamo Naval Base. This request does not go that far, but it does bring to a halt the planned prosecution of 21 detainees currently facing war crimes charges, including 9/11 plotter Khalid Shaikh Mohammed. Jamil Dakwar, a representative for the American Civil Liberties Union (ACLU) at the base, calls the request “a good step in the right direction.” Gabor Rona, an observer for Human Rights Watch, also calls the order “a first step.” Rona continues, “The very fact that it’s one of his first acts reflects a sense of urgency that the US cannot afford one more day of counterproductive and illegal proceedings in the fight against terrorism.” Dakwar says the ACLU believes all charges against the prisoners should be dropped. “A shutdown of this discredited system is warranted,” he says. “The president’s order leaves open the option of this discredited system remaining in existence.” Major Jon Jackson, the lawyer for one of the 9/11 defendants, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001 and September 24, 2001-December 26, 2002), says, “We welcome our new commander in chief and this first step towards restoring the rule of law.” Approximately 245 detainees are currently housed at the camp; some 60 detainees have been cleared for release, but no country has agreed to take them. [CNN, 1/21/2009; Washington Post, 1/21/2009] Michele Cercone, spokesman for the European Union Justice and Home Affairs Commission, says the commission “has been very pleased that one of the first actions of Mr. Obama has been to turn the page on this sad episode of Guantanamo.” The request is accepted the day after (see January 21, 2009), and the Los Angeles Times writes that it “may be the beginning of the end for the Bush administration’s system of trying alleged terrorists.” [Associated Press, 1/21/2009]

The US Justice and Defense Departments announce that five detainees are to be moved from Guantanamo to New York, where they will face trial in ordinary civilian courts for the 9/11 attacks. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), Ramzi bin al-Shibh, who helped coordinate the attacks, Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia, and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The five previously indicated they intend to plead guilty (see December 8, 2008). US Attorney General Eric Holder says: “For over 200 years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system to rise to that challenge, and I am confident it will answer the call with fairness and justice.” Secretary of Defense Robert Gates was also involved in the decision on where to try the men. [US Department of Justice, 11/13/2009] However, five detainees are to remain in the military commissions system. They are Ibrahim al-Qosi, Omar Khadr, Ahmed al-Darbi, Noor Uthman Mohammed, and Abd al-Rahim al-Nashiri. [McClatchy, 11/14/2009] These five detainees are fighting the charges against them: Ibrahim al-Qosi denies the charges against him, saying he was coerced into making incriminating statements; [USA v. Ihrahm Ahmed Mohmoud al Qosi, 7/16/2009 ] Khadr’s lawyers claim he was coerced into admitting the murder of a US solider in Afghanistan; [National Post, 11/14/2009] Ahmed Muhammad al-Darbi also claims he was forced to make false confessions (see July 1, 2009); [al-Darbi, 7/1/2009] Noor Uthman Mohammed denies most of the charges against him (see (Late 2004)); Al-Nashiri claims he was forced to confess to trumped up charges under torture (see March 10-April 15, 2007). [US department of Defense, 3/14/2007 ]

A lawyer acting for Ali Abdul Aziz Ali, one of a five high-profile defendants to be tried in New York for 9/11, says that his client and the others intend to plead not guilty. The lawyer, Scott Fenstermaker, says they will do so not in the hope of an acquittal, but to air their criticism of US foreign policy. While incarcerated at Guantanamo, the five had intended to plead guilty before a military commission (see December 8, 2008). According to Fenstermaker, the men will admit carrying out 9/11, but intend to formally plead not guilty so they can “explain what happened and why they did it.” They will give “their assessment of American foreign policy,” which is “negative.” Fenstermaker recently met with his client, but has not met with the other four defendants, although he says the five have discussed the issue among themselves. In response, Justice Department spokesman Dean Boyd says that while the men may attempt to use the trial to express their views, “we have full confidence in the ability of the courts and in particular the federal judge who may preside over the trial to ensure that the proceeding is conducted appropriately and with minimal disruption, as federal courts have done in the past.” [Associated Press, 11/22/2009]

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